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PENDLETON v. STATE

6 Div. 881.

329 So.2d 145 (1976)

Eugene Bizell PENDLETON, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

March 9, 1976.

Attorney(s) appearing for the Case

J. Louis Wilkinson, Birmingham, for appellant.

William J. Baxley, Atty. Gen., Montgomery, and Quentin Q. Brown, Jr., Asst. Atty. Gen., Birmingham, for the State.

HARRIS, Judge.

Appellant was indicted for murder in the first degree in the shotgun slaying of Bobby Alvin Duke, Jr. At arraignment he was represented by court-appointed counsel and pleaded not guilty. He was found guilty of murder in the second degree and the jury fixed his punishment at twenty years in the penitentiary. At the time sentence was imposed he gave notice of appeal but did not request that the sentence be suspended...

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